claim unused old H1b period while in US on new H1b

[Rajp292]

Hi,

I came to US in 2007 on my H1b and stayed for 2.5 yrs and returned to India. Moved to different company and I came to US on new H1b in 2016, still in US. My current H1B max out in 2022. Am I eligible to claim my unused 3.5yrs from 1st H1b now by applying an extension? 

Both H1bs were got through lottery. I haven't started I140 yet.

Is there a time limit to claim the old H1b? Is there a cooling period needed after 6yrs in this case?

 

[JoeF]

You can not use any of the old H1 time. That was gone forever once you got the new H1.